OVERVIEW

Welcome to Daniela Braga! The terms “we”, “us” and “our” refer to Daniela Braga. Daniela Braga operates this store and website, including all related information, content, features, tools, products and services, with the aim of providing you, the customer, with a personalised shopping experience (the “Services”). Daniela Braga is powered by Shopify, which enables us to provide the Services to you.

The terms and conditions below, together with any policies referenced herein (these “Terms of Service” or “Terms”), describe your rights and responsibilities when using the Services.

Please read these Terms of Service carefully, as they include important information about your legal rights and cover matters such as disclaimers of warranties and limitations of liability.

By visiting, interacting with or using our Services, you agree to be bound by these Terms of Service and our Privacy Policy. If you do not agree to these Terms of Service or the Privacy Policy, you must not use or access our Services.

SECTION 1 — ACCESS AND ACCOUNT

By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence and that you have given us your consent to allow any of your minor dependants to use the Services on devices that you own, purchase or manage.

To use the Services, including accessing or browsing our online stores or purchasing any of the products or services we offer, you may be required to provide certain information, such as your email address and billing, payment and delivery information.

You represent and warrant that all information you provide through our stores is accurate, current and complete and that you have all the necessary rights to provide such information.

You are solely responsible for maintaining the security of your account credentials and for all activity carried out through your account. You may not transfer, sell, assign or license your account to any other person.

SECTION 2 — OUR PRODUCTS

We have made every effort to provide an accurate representation of our products and services in our online stores. However, the colours or appearance of products may differ from those displayed on your screen due to the type of device you use to access the store and your device settings and configuration.

We do not guarantee that the appearance or quality of any products or services purchased by you will meet your expectations or be identical to those presented or displayed in our online store.

All product descriptions are subject to change at any time without notice, at our sole discretion. We reserve the right to discontinue any product at any time and may limit the quantities of any products offered to any person, geographic region or jurisdiction on a case-by-case basis.

SECTION 3 — ORDERS

When you place an order, you are making an offer to purchase. Daniela Braga reserves the right to accept or refuse your order for any reason, at its sole discretion.

Your order will not be accepted until Daniela Braga confirms its acceptance. We must receive and process your payment before accepting your order.

Please review your order carefully before submitting it, as Daniela Braga may not be able to accommodate cancellation requests after an order has been accepted.

If we do not accept, modify or cancel an order, we will attempt to notify you using the email address, billing address and/or telephone number provided when the order was placed.

Your purchases may only be returned or exchanged in accordance with our Refund Policy.

You represent and warrant that your purchases are intended for personal or household use and not for commercial resale or export.

SECTION 4 — PRICES AND BILLING

Prices, discounts and promotions are subject to change without notice. The price charged for a product or service will be the price in effect at the time the order is placed and will be specified in the order confirmation sent to you by email.

Unless expressly stated otherwise, displayed prices do not include taxes, shipping charges, handling fees, customs duties or import charges.

Prices displayed in our online stores may differ from prices offered in physical stores, other online stores or stores operated by third parties.

From time to time, we may offer promotions through the Services that affect pricing and are governed by terms and conditions separate from these Terms. In the event of a conflict between the terms of a promotion and these Terms, the promotion terms will prevail.

You agree to provide current, complete and accurate purchase, payment and account information for all purchases made through our store.

You agree to promptly update your account and other information, including your email address, credit card numbers and expiry dates, so that we can complete your transactions and contact you when necessary.

You represent and warrant that:

1. the credit card information you provide is true, accurate and complete;
2. you are duly authorised to use the credit card for the purchase;
3. the charges incurred by you will be honoured by your credit card provider; and
4. you will pay all charges incurred by you at the advertised prices, including shipping and handling charges and all applicable taxes, where relevant.

SECTION 5 — SHIPPING AND DELIVERY

We are not responsible for shipping or delivery delays.

All delivery times are estimates only and are not guaranteed. We are not responsible for delays caused by carriers, customs processing or events beyond our control.

Once the products have been transferred to the carrier, ownership and risk of loss pass to you.

SECTION 6 — INTELLECTUAL PROPERTY

Our Services, including, without limitation, all trademarks, branding, text, displays, images, graphics, product reviews, videos and audio, as well as their design, selection and arrangement, are owned by Daniela Braga, its affiliates or licensors and are protected by United States and international patents, copyright and other intellectual property laws.

These Terms permit you to use the Services for personal, non-commercial purposes only.

You must not reproduce, distribute, modify, create derivative works from, publicly display, publicly perform, republish, download, store or transmit any material from the Services without our prior written consent.

Except as expressly provided herein, nothing in these Terms grants or should be interpreted as granting you a licence or any other rights under any patent, trademark, copyright or other intellectual property belonging to Daniela Braga, Shopify or any third party.

Unauthorised use of the Services may constitute a violation of federal and state intellectual property laws. All rights not expressly granted herein are reserved by Daniela Braga.

The Daniela Braga name, logo, product and service names, designs and slogans are trademarks of Daniela Braga or its affiliates or licensors. You must not use such trademarks without Daniela Braga’s prior written permission.

The Shopify name, logo, product and service names, designs and slogans are trademarks of Shopify.

All other names, logos, product and service names, designs and slogans appearing through the Services are trademarks of their respective owners.

SECTION 7 — OPTIONAL TOOLS

You may be given access to customer tools offered by third parties as part of the Services, over which we have no monitoring, supervision or control.

You acknowledge and agree that we provide access to such tools “as is” and “as available”, without warranties, representations or conditions of any kind and without endorsement.

We will have no liability arising from or relating to your use of optional third-party tools.

Any use you make of optional tools offered through the website is entirely at your own risk and discretion. You should ensure that you are familiar with and agree to the terms under which such tools are provided by the relevant third-party providers.

In the future, we may also offer new features through the Services, including the release of new tools and resources. Such new features will also be considered part of the Services and will be subject to these Terms of Service.

SECTION 8 — THIRD-PARTY LINKS

The Services may contain materials and hyperlinks to websites provided or operated by third parties, including features embedded by third parties.

We are not responsible for examining or evaluating the content or accuracy of any third-party materials or websites that you choose to access.

If you decide to leave the Services to access third-party materials or websites, you do so at your own risk.

We are not responsible for any harm or damage relating to your access to any third-party website or your purchase or use of any products, services, resources or content available through third-party websites.

Please review the third party’s policies and practices carefully and ensure that you understand them before entering into any transaction.

Complaints, claims, concerns or questions regarding third-party products and services should be directed to the relevant third party.

SECTION 9 — RELATIONSHIP WITH SHOPIFY

Daniela Braga is powered by Shopify, which enables us to provide the Services to you.

However, any sale or purchase made through our Store is entered into directly between you and Daniela Braga.

By using the Services, you acknowledge and agree that Shopify is not responsible for any aspect of any sales between you and Daniela Braga, including any injury, damage or loss resulting from the purchase of products and services.

You hereby expressly release Shopify and its affiliates from all claims, damages and liabilities arising from or relating to your purchase and transaction with Daniela Braga.

SECTION 10 — PRIVACY POLICY

All personal information we collect through the Services is governed by our Privacy Policy, and certain personal information may also be governed by Shopify’s Privacy Policy, which may be viewed here.

By using the Services, you acknowledge that you have read this Privacy Policy.

Because the Services are hosted by Shopify, Shopify collects and processes personal information relating to your access to and use of the Services in order to provide and improve the Services.

Information you provide through the Services will be transmitted to and shared with Shopify, as well as with third parties that may be located in a country other than your country of residence, so that we can provide the Services to you.

Please refer to our Privacy Policy for further information about how we, Shopify and our partners use your personal information.

SECTION 11 — FEEDBACK

By submitting, uploading, publishing, emailing or otherwise sharing ideas, suggestions, feedback, reviews, proposals, plans or other content collectively referred to as “feedback”, you grant us a perpetual, worldwide, sublicensable and royalty-free licence to use, reproduce, modify, publish, distribute and display that feedback through any medium and for any purpose, including commercial use.

For example, we may exercise our rights under this licence to operate, provide, evaluate, improve and promote the Services, as well as to fulfil our obligations and exercise our rights under these Terms of Service.

You also represent and warrant that:

1. you own or have all necessary rights to all feedback;
2. you have disclosed any compensation or incentives received in connection with submitting your feedback; and
3. your feedback complies with these Terms.

We have no obligation:

1. to keep your feedback confidential;
2. to pay compensation for your feedback; or
3. to respond to your feedback.

We may, but are not required to, monitor, edit or remove feedback that, at our sole discretion, we consider unlawful, offensive, threatening, defamatory, libellous, pornographic, obscene or otherwise objectionable, or that violates a third party’s intellectual property rights or these Terms of Service.

You agree that your feedback will not violate any third-party rights, including copyright, trademark, privacy, personality or other personal or proprietary rights.

You further agree that your feedback will not contain defamatory, unlawful, abusive or obscene material, or computer viruses or other malware that could affect the operation of the Services or any related website.

You must not use a false email address to submit feedback, impersonate another person or mislead us or third parties regarding the origin of any feedback.

You are solely responsible for any feedback you provide and for its accuracy. We accept no responsibility or liability for feedback published by you or by third parties.

SECTION 12 — ERRORS, INACCURACIES AND OMISSIONS

Occasionally, information available through the Services may contain typographical errors, inaccuracies or omissions relating to product descriptions, prices, promotions, offers, product shipping charges, delivery times and availability.

We reserve the right to correct any errors, inaccuracies or omissions and to change or update information or cancel orders if any information is inaccurate, at any time and without prior notice, including after you have submitted your order.

SECTION 13 — PROHIBITED USES

You may access and use the Services only for lawful purposes.

You must not access or use the Services, directly or indirectly:

a. for any unlawful or malicious purpose;
b. to violate any local, state, provincial, federal or international regulations, rules, laws or ordinances;
c. to infringe or violate our intellectual property rights or the intellectual property rights of others;
d. to harass, abuse, insult, harm, defame, slander, disparage, intimidate or harm any of our employees or any other person;
e. to transmit false or misleading information;
f. to knowingly send, receive, upload, download, use or reuse any material that does not comply with these Terms;
g. to transmit or procure the sending of any advertising or promotional material, including junk mail, chain letters, spam or any similar solicitation;
h. to impersonate or attempt to impersonate any other person or entity; or
i. to engage in any other conduct that restricts or inhibits any person’s use or enjoyment of the Services, or that, as determined by us, may harm Daniela Braga, Shopify or users of the Services, or expose them to liability.

In addition, you agree not to:

a. upload or transmit viruses or any other type of malicious code that may affect the functionality or operation of the Services;
b. reproduce, duplicate, copy, extract, sell, resell or exploit any part of the Services;
c. collect or track the personal information of others;
d. spam, phish, pharm or engage in pretexting through the Services;
e. use any robot, spider, scraping tool, data collection and extraction tool, device or automated process, artificial intelligence tool, such as agentic AI, or other automated or manual means to access the Services; or
f. interfere with, circumvent or bypass any security or authorisation features, robot exclusion measures or other measures that we use to restrict access to the Services.

We reserve the right to suspend, deactivate or terminate your account at any time and without notice if we determine that you have violated any part of these Terms.

SECTION 14 — AGENTS

14.1

This section, referred to as the “Agent Terms”, applies if you use, permit, enable or cause an Agent to access, use or interact with any of the Services.

“Agent” means any software or service that performs autonomous or semi-autonomous actions on behalf of, or under the instructions of, any person or entity and that may operate on behalf of, or using the device of, a person without direct supervision.

14.2

No Agent may access, use or interact with the Services unless, at all times, it identifies itself and operates in strict accordance with the requirements of Section 14.4 below.

In addition, no Agent may access, use or interact with the Services if we have requested that the Agent refrain from accessing, using or interacting with any Service.

14.3

We may restrict, including through technical measures, whether and how any Agent accesses, uses or interacts with the Services.

14.4

Agents must:

1. identify in every HTTP/HTTPS request that the request originates from an Agent and disclose the Agent’s name by including the following in the request’s user-agent string:
   “Agent/[agent name]”;
2. not conceal or disguise that any access, use or interaction originates from an Agent, including by:
   • imitating human behaviour or interaction patterns; or
   • completing or bypassing CAPTCHA or other measures designed to distinguish computer use from human use;
3. respond truthfully to any question or prompt intended to determine whether interactions originate from a human or a computer; and
4. not circumvent or avoid any measure intended to block, restrict, modify or control whether and how Agents access, use or interact with the Services.

SECTION 15 — TERMINATION

We may terminate this agreement or your access to the Services, or any part of them, at our sole discretion, at any time and without prior notice.

You will remain liable for all amounts due up to and including the date of termination.

The following sections will continue to apply following termination:

• Intellectual Property;
• Feedback;
• Termination;
• Disclaimer of Warranties;
• Limitation of Liability;
• Indemnification;
• Severability;
• Waiver;
• Entire Agreement;
• Assignment;
• Governing Law;
• Privacy Policy; and
• any other provisions that, by their nature, should survive termination.

SECTION 16 — DISCLAIMER OF WARRANTIES

The information presented through the Services is made available solely for general informational purposes.

We do not guarantee the accuracy, completeness or usefulness of this information. Any reliance you place on such information is entirely at your own risk.

We disclaim all liability arising from reliance placed on such materials by you, any other visitor to the Services or any person who may be informed of any of their contents.

EXCEPT AS EXPRESSLY STATED BY THE [MERCHANT], THE SERVICES AND ALL PRODUCTS OFFERED THROUGH THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE” FOR YOUR USE, WITHOUT ANY REPRESENTATION, WARRANTY OR CONDITION OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE, DURABILITY, TITLE AND NON-INFRINGEMENT.

WE DO NOT WARRANT, REPRESENT OR GUARANTEE THAT YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE.

SOME JURISDICTIONS LIMIT OR DO NOT PERMIT THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES, AND THEREFORE THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU.

SECTION 17 — LIMITATION OF LIABILITY

TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL THE [MERCHANT], OUR PARTNERS, DIRECTORS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, SERVICE PROVIDERS OR LICENSORS, OR THOSE OF SHOPIFY AND ITS AFFILIATES, BE LIABLE FOR ANY INJURY, LOSS, CLAIM OR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING, WITHOUT LIMITATION, LOST PROFITS, LOST REVENUE, LOST SAVINGS, LOSS OF DATA, REPLACEMENT COSTS OR ANY SIMILAR DAMAGES, WHETHER BASED IN CONTRACT, TORT, INCLUDING NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, ARISING FROM YOUR USE OF ANY OF THE SERVICES OR ANY PRODUCTS PURCHASED THROUGH THE SERVICES.

THIS ALSO APPLIES TO ANY OTHER CLAIM RELATING IN ANY WAY TO YOUR USE OF THE SERVICES OR ANY PRODUCT, INCLUDING, WITHOUT LIMITATION, ANY ERRORS OR OMISSIONS IN ANY CONTENT OR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF USING THE SERVICES OR ANY CONTENT OR PRODUCT PUBLISHED, TRANSMITTED OR OTHERWISE MADE AVAILABLE THROUGH THE SERVICES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

SECTION 18 — INDEMNIFICATION

You agree to indemnify, defend and hold harmless Daniela Braga, Shopify and our affiliates, partners, directors, employees, agents, contractors, licensors and service providers from any losses, damages, liabilities or claims, including reasonable legal fees payable to third parties, arising from or relating to:

1. your breach of these Terms of Service or the documents incorporated into them by reference;
2. your violation of any law or third-party rights; or
3. your access to and use of the Services.

We will notify you of any claim subject to indemnification, provided that failure to give prompt notice will not release you from your obligations unless you are materially prejudiced by the delay.

We may control the defence and settlement of such a claim at your expense, including the selection of legal counsel.

However, we will not settle any claim requiring non-monetary obligations from you without your consent, which must not be unreasonably withheld.

You must cooperate in the defence of indemnified claims, including by providing relevant documents.

SECTION 19 — SEVERABILITY

If any provision of these Terms of Service is determined to be unlawful, void or unenforceable, that provision will nevertheless be enforceable to the fullest extent permitted by applicable law.

The unenforceable portion will be deemed severed from these Terms of Service, and such determination will not affect the validity and enforceability of the remaining provisions.

SECTION 20 — WAIVER; ENTIRE AGREEMENT

Our failure to exercise or enforce any right or provision under these Terms of Service will not constitute a waiver of that right or provision.

These Terms of Service and any policies or operating rules published by us on this website or relating to the Service constitute the entire agreement and understanding between you and us and govern your use of the Service.

They replace any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us, including any previous versions of the Terms of Service.

Any ambiguities in the interpretation of these Terms of Service will not be interpreted against the party that drafted them.

SECTION 21 — ASSIGNMENT

You may not delegate, transfer or assign this agreement or any of your rights or obligations under these Terms without our prior written consent.

Any attempted delegation, transfer or assignment without such consent will be null and void.

We may transfer, assign or delegate these Terms and our rights and obligations without your consent or prior notice.

SECTION 22 — GOVERNING LAW

These Terms of Service and any separate agreement through which we provide Services to you will be governed by and interpreted in accordance with the laws applicable to the federal, state or territorial courts within the jurisdiction where Daniela Braga has its registered office.

You and Daniela Braga agree to the venue and personal jurisdiction of those courts.

SECTION 23 — HEADINGS

The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

SECTION 24 — CHANGES TO THE TERMS OF SERVICE

You may review the most current version of the Terms of Service at any time on this page.

We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by publishing updates and changes on our website.

It is your responsibility to periodically review our website for changes.

We will notify you of any material changes to these Terms in accordance with applicable law, and such changes will take effect on the date specified in the notice.

Your continued use of or access to the Services after changes to these Terms of Service have been published constitutes acceptance of those changes.

SECTION 25 — CONTACT INFORMATION

Questions regarding these Terms of Service should be sent to:

support@danielabraga.eu